On The Legal Protection Of Laborers' Labor Rights In China's Enterprise Mergers And Acquisitions

With the further expansion of economic globalization,merger and acquisition of Chinese enterprises are developing rapidly. Every coin has two sides. However, there must occur a series of drawbacks during the rapid d e v e l o p m e n t o f M & A t r a n s a c t i o n s i n C h i n a. S o m e c o m p a n i e s, in the process of M&A, only pay attention to the cost of mergers and acquisitions,future development,and maximum of profit, but ignore a very important factor- the protection of the rights and interests of workers. While one of the most easily violated rights and interests is the labor rights of workers. The protection of workers' rights and interests is related to the successful completion of the merger and acquisition and the long-term stability of the society.The enterprise is for the purpose of making profits. Enterprise merger and acquisition,as a business game. In order to better completing the M&A, enterprise will block the message when it carry out.After that some structural adjustment will be carried out such as layoff. These measures have caused different degrees of violation to the workers' labor rights. The reasons, in the first the enterprise is not enough to pay attention to the workers' right to work; the second workers' rights awareness is not high, the legal consciousness is weak too; the next workers are often in a weak position; Last but not least, the government's efforts to protect the labor rights of workers are not enough.The right to work is an important part of human rights, as one of the social and economic rights, is a citizen's legal right. The reason why the labor rights of workers should be protected in the mergers and acquisitions, its theory is based on: human rights theory; labor contract performance theory; the theory of protecting the vulnerable groups; the theory of corporate social responsibility. The protection of labor rights of workers in the enterprise merger and acquisition plays an role in the non replacement. On the one hand, it is conducive to the smooth progress of mergers and acquisitions. On the other hand, it is helpful to ease the contradiction between labor and capital, and contribute to building a socialist harmonious society.In the aspect of enterprise merger and acquisition, there is no special "enterprise merger and Acquisition Law" in China in the present moment. It is particularly important to formulate the law of enterprise merger and acquisition which is suitable for China's national conditions. Only in this way, enterprise merger and acquisition can get better standardized, workers' rights can get better protected. We can learn from the United States, Germany, Britain, Japan and other countries in the enterprise M & A, like Labor Court in Germany. There are still deficiencies in the existing laws and regulations on the labor rights of workers in mergers and acquisitions. For instance, procedural provisions are too few, the responsibility is not clear. As for in the aspect of administrative protection, the government's guiding ideology also has some deviations, such as lax enforcement of law, social security can not be implemented and so on. In the aspect of judicial protection, the litigation costs of the parties gradually increased, sentence enforcement difficulty, waste of judicial resources and the like.For a series of problems mentioned above, the corresponding countermeasures are put forward from three aspects of legislation, administration and judicature, respectively. In the legislative area,we should work out the "Enterprise merger and Acquisition Law", to improve the protection of labor rights of workers in the Constitution, to perfect the dismissal protection system, to perfect the inherited system of the labor contract, and to perfect the relevant laws and their responsibilities. In Administrative law, to establish a sound mechanism for the protection of labor rights, and establish a correct guiding ideology of mergers and acquisitions, strengthen supervision, and unity on power and responsibility. In judicial aspects, to set up specialized labor dispute court, to endow the court with the right of supervision and examination, to simplify the procedure of labor dispute cases, and increase the enforcement of cases etc.